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Sona 2023: Let us not confuse indifference with apathy

07 February 2023 | Story Dr Ina Gouws | Photo Supplied

Opinion Article by Dr Ina Gouws, Senior Lecturer: Programme: Governance and Political Transformation, Department of Political Studies and Governance, University of the Free State.

The State of the Nation Address (Sona) of 2023 is upon us. What can South Africans look forward to in this address this year? According to the Presidency, the President will focus on the energy crisis and the rolling blackouts. He will hopefully also shed some light on the disaster legislation government intends to implement to address the energy crisis. Reports that the ANC wants Dr Nkosazana Dlamini-Zuma to oversee the load-shedding state of disaster does not inspire confidence at the onset. What we should take serious note of is what the President will have to say about the plans to move Eskom to the Department of Mineral Resources and Energy; a move widely criticised and frankly, feared.

No new policies, focus on resolving policy implementation failures

Also, according to the Presidency, the outcomes of the Investing in Africa Mining Indaba taking place from 7 February 2023, will receive attention in the Sona. This event attracts more than 6 000 delegates comprising comprising investors, innovators, companies in the mining and natural resources sector etc. No doubt the President will paint a picture of substantial investments to look forward to which will lead to job creation, development, and growth; a promise made in every Sona of every year of his term without fail, for which there has been very little evidence.

The Minister in the Presidency, Mondli Gungubele, also told the media that government will not look to introduce new policies but focus on resolving existing policy implementation failures since this is the final year of this government’s term.

Other than these areas of focus, we can surely expect the usual stats and figures to indicate “progress” or evidence of a caring government; more people receiving social grants instead of no longer needing this assistance, and entirely unrealistic job creation numbers to name two. Collapsing municipalities and ongoing corruption will also probably get mentioned under the umbrella of service delivery with futile promises of eradicating corruption and appointing qualified cadres. This administration’s score card of the past four years justifies cynicism.

From what I have heard among fellow South Africans and seen on social media, the interest in the Sona is at an all-time low because of the miseries mentioned. We are tired of politicians talking, promising, stating the obvious (a particular skill our President has polished) and blatantly underestimating our collective intelligence. We KNOW there is no concrete plan to address the energy crisis. We SEE incompetent ministers still have jobs. Promises for growth and job creation do not resonate at all because South Africans LIVE THE REALITY of unemployment and poverty. South Africans cannot be blamed when the idea of sitting through an address covering more of the same with no expectation of positive change is something we are not prepared to do.

Indifference towards Sona 2023

Does this indifference towards the Sona this year necessarily mean that the nation has lost interest in politics in general? Many would argue that this is indeed the case. I do not agree. The abject apathy that is taking hold of (especially young) South Africans concerning our country’s formal political processes is an issue widely researched and debated. Apathy is essentially having no feeling or connection to a situation or a complete lack of desire or interest to act or participate. Youth find the formal political processes frustrating, alienating, and less likely to yield desired results, consequently the evident apathy. More and more older South Africans are joining them in these attitudes and therefore have developed feelings of apathy of their own. However, apathy towards the formal political process and politicians (elections and electorates) does not mean that South Africans are not interested in politics in general. To be indifferent is to decide to show no interest and to not care or have any opinion about an issue, situation, or event. It differs from apathy because sufferings, experience and disappointment breeds apathy which is therefore not a decision, but a condition. Indifference towards the Sona 2023 is a decision South Africans make, but their interest, involvement and participation in civic organisations and representative processes remains vibrant. Therein lies our strength and in my opinion, the revitalisation of grassroots influence on South African politics.

So, if you have better things to do on the evening of the 9 February 2023, go and do them. Spend the time with community members talking about what can be done where you live to help each other and hold your officials accountable. It might also be your group’s turn for a blackout, so spend the precious time with loved ones around a candle or that rechargeable LED light. Do not feel any guilt or that you are missing out. You are not apathetic, merely indifferent. An understandable choice.

News Archive

The failure of the law

2004-06-04

Written by Lacea Loader

- Call for the protection of consumers’ and tax payers rights against corporate companies

An expert in commercial law has called for reforms to the Companies Act to protect the rights of consumers and investors.

“Consumers and tax payers are lulled into thinking the law protects them when it definitely does not,” said Prof Dines Gihwala this week during his inaugural lecture at the University of the Free State’s (UFS).

Prof Gihwala, vice-chairperson of the UFS Council, was inaugurated as extraordinary professor in commercial law at the UFS’s Faculty of Law.

He said that consumers, tax payers and shareholders think they can look to the law for an effective curb on the enormous power for ill that big business wields.

“Once the public is involved, the activities of big business must be controlled and regulated. It is the responsibility of the law to oversee and supervise such control and regulation,” said Prof Gihwala.

He said that, when undesirable consequences occur despite laws enacted specifically to prevent such results, it must be fair to suggest that the law has failed.

“The actual perpetrators of the undesirable behaviour seldom pay for it in any sense, not even when criminal conduct is involved. If directors of companies are criminally charged and convicted, the penalty is invariably a fine imposed on the company. So, ironically, it is the money of tax payers that is spent on investigating criminal conduct, formulating charges and ultimately prosecuting the culprits involved in corporate malpractice,” said Prof Gihwala.

According to Prof Gihwala the law continuously fails to hold companies meaningfully accountable to good and honest business values.

“Insider trading is a crime and, although legislation was introduced in 1998 to curb it, not a single successful criminal prosecution has taken place. While the law appears to be offering the public protection against unacceptable business behaviour, it does no such thing – the law cannot act as a deterrent if it is inadequate or not being enforced,” he said.

The government believed it was important to facilitate access to the country’s economic resources by those who had been denied it in the past. The Broad Based Economic Empowerment Act of 2003 (BBEE), is legislation to do just that. “We should be asking ourselves whether it is really possible for an individual, handicapped by the inequities of the past, to compete in the real business world even though the BBEE Act is now part of the law?,” said Prof Gihwala.

Prof Gihwala said that judges prefer to follow precedent instead of taking bold initiative. “Following precedent is safe at a personal level. To do so will elicit no outcry of disapproval and one’s professional reputation is protected. The law needs to evolve and it is the responsibility of the judiciary to see that it happens in an orderly fashion. Courts often take the easy way out, and when the opportunity to be bold and creative presents itself, it is ignored,” he said.

“Perhaps we are expecting too much from the courts. If changes are to be made to the level of protection to the investing public by the law, Parliament must play its proper role. It is desirable for Parliament to be proactive. Those tasked with the responsibility of rewriting our Companies Act should be bold and imaginative. They should remove once and for all those parts of our common law which frustrate the ideals of our Constitution, and in particular those which conflict with the principles of the BBEE Act,” said Prof Gihwala.

According to Prof Gihwala, the following reforms are necessary:

• establishing a unit that is part of the office of the Registrar of Companies to bolster a whole inspectorate in regard to companies’ affairs;
• companies who are liable to pay a fine or fines, should have the right to take action to recover that fine from those responsible for the conduct;
• and serious transgression of the law should allow for imprisonment only – there should be no room for the payment of fines.

Prof Gihwala ended the lecture by saying: “If the opportunity to re-work the Companies Act is not grabbed with both hands, we will witness yet another failure in the law. Even more people will come to believe that the law is stupid and that it has made fools of them. And that would be the worst possible news in our developing democracy, where we are struggling to ensure that the Rule of Law prevails and that every one of us has respect for the law”.

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